Pages

Tuesday, December 24, 2013

Hadacheck v. Sebastian case brief

Hadacheck v. Sebastian case brief summary
239 U.S. 394 (1915)

CASE SYNOPSIS

On a writ of habeas corpus, petitioner,
a brickyard owner, challenged an order of the Supreme Court of the
State of California, which upheld petitioner's misdemeanor conviction
for violation of a city ordinance that proscribed the operation of
his business within city limits. Petitioner had fired bricks from the
clay-rich soil at this location for years before the ordinance was
enacted. Defendant in error was the police chief for Los Angeles.

CASE FACTSPetitioner was convicted of a
misdemeanor under an ordinance that was enacted by the City of Los Angeles. The ordinance prohibited the operation of brick yards within the city limits.
On the petitioner's writ of habeas corpus that was filed against defendant in
error (the police chief for the city), the state supreme court upheld
the ordinance as a good faith police measure and the court declined to find
that the ordinance discriminated against petitioner.

DISCUSSION

On appeal, the Court
affirmed and dismissed the writ.

Even though operation of a brickyard
was not a nuisance per se, operation was within the city's police power to
regulate brickyard operation so long as the resulting ordinance was
not arbitrary or discriminatory.

Petitioner claimed that the
ordinance resulted in a taking under the state's power of eminent
domain.

But the Court noted that petitioner was not deprived of the
use of the property's unique soil, ideal for making high-quality
bricks.

What was prohibited was the firing of the bricks at the
current location.

That the ordinance might have been crafted
differently did not make it an abuse of the state's police power,
which was accorded a presumption of good faith absent a contrary
showing.

CONCLUSION
The Court upheld the state supreme court's order and dismissed the
writ of habeas corpus by petitioner, a brickyard owner, against the
defendant in error, the police chief for the City of Los Angeles. The
Court found that the City of Los Angeles did not act arbitrarily when
it used its police power to enact an ordinance that prohibited the
operation of a brick kiln within the city limits.Suggested law school study materials
Shop Amazon for the best prices on Law School Course Materials.

No comments:

Post a Comment

ShareThis

.

I have often tried to make the cases available as links in case you are a student without a textbook.

All the information on this site is constantly updated and edited. Furthermore, if you have any outlines you want to share, so that others, free of charge, may benefit, please send those to be posted here. Likewise, if you have case briefs you would like to share, please send them to [email protected].

Please keep in mind that this site makes no warranties as to the accuracy of the cases listed here or the current status of law. These cases are derived from class notes and laws change over time. If you have any questions about these materials, or any other legal questions, you should consult an attorney who is a member of the bar of the state you reside in.